Saturday, July 20, 2013
The Daubert Court defined "scientific methodology" as the process of formulating hypotheses and then conducting experiments to prove or falsify the hypothesis. The Court provided a non-dispositive, nonexclusive, "flexible" set of "general observations" (i.e. not a "test") that it considered relevant for establishing the "validity" of scientific testimony. These include:
- Empirical testing: whether the theory or technique is falsifiable, refutable, and/or testable.
- Whether it has been subjected to peer review and publication.
- The known or potential error rate.
- The existence and maintenance of standards and controls concerning its operation.
- The degree to which the theory and technique is generally accepted by a relevant scientific community.
Sounds right to me.
(h/t Wikipedia for refreshing my memory regarding Daubert. I was educated on the Frye test only).